Why is it important to have a follow-up strategy for NPM recommendations?
Recommendations are one of the most important tools that NPMs have to effect change but
recommendations alone often aren’t enough to make the desired change happen, in particular because
the recommendations made by NPMs are not binding on the authorities. This is why recommendations
need to be part of an overall monitoring cycle that includes: planning, information gathering and
analysis (usually through visits), reporting and recommendations, and follow-up, including through
dialogue with the authorities.
This is also closely linked to the need for NPMs to think strategically about the changes that they wish
to see and the different strategies and actions that they can take to make sure these changes occur.
Follow-up also helps NPMs to measure progress over time, both within specific institutions and in
related laws, policies, and practices. If recommendations are well drafted their implementation is also
more easily measured and indicators developed to track progress, allowing NPMs to more easily see
if the requested changes have occurred.
Keeping track of recommendations is also important for the planning process of NPMs. Analysis of
which recommendations were implemented and the strategies that were used can help NPMs to
identify future priorities, as well as the approaches that led to the most success.
How can NPMs Follow-up on Recommendations?
Objectivity, accuracy, and thorough analysis are crucial for maintaining a good relationship with the
authorities, ensuring that recommendations are credible even if they are not always agreed upon.
Effective follow-up involves continuous dialogue with the authorities, starting with sending draft reports
for feedback and corrections. Many NPMs also hold face-to-face discussions and roundtables to
refine recommendations and secure early buy-in, sometimes requesting the authorities to propose
implementation timelines. In some cases, such timelines are legally mandated.
After reports are published, NPMs may return to the relevant facilities to present findings and answer
questions, while also asking authorities to report on implementation progress and potentially agreeing
on action plans. Follow-up visits are conducted to verify the actual implementation and impact of
recommendations, complemented by regular exchanges with authorities. Additionally, some NPMs
involve other government monitoring bodies in the follow-up process to ensure comprehensive
coverage of issues and improve inspection methodologies.
What can NPMs do to overcome obstacles in the implementation of their
recommendations?
NPMs mostly do not issue binding recommendations. Some of them – usually human rights commissions
or ombuds institutions – do have this power but, even when they do, they use it rarely, if at all. This is
because dialogue and persuasion are almost always more effective – in part because, while it may be
possible to force a reluctant authority to implement the letter of a recommendation, it is far less likely to
achieve the desired change than if they understand and are invested in the outcome.
NPMs thus have several options if their recommendations are not implemented. First is to find out why,
something that will depend very much on whether the recommendation relates to short, medium or
long term problems; to systemic or specific issues; and to the topic of the recommendation. It will be
much easier for an NPM to understand why a specific recommendation on a simple procedure, with a
short time frame for implementation has not been implemented than it will be in relation to a complex,
systemic issue that requires action over a long timeframe to solve. Key questions to ask, however, may
include: do the authorities fully understand the recommendation and what it is trying to achieve? Is
there a budget issue that is preventing implementation? Or is there resistance from a specific individual
or institution that is preventing implementation? Once an NPM has understood why a recommendation
has not been implemented, an appropriate strategy can be developed. This might include explaining
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NPM Toolkit for Asia Pacific NPM-NHRIs